What is Juvenile Delinquency – Arrests
In the criminal justice system, when a child commits a crime, they are considered juvenile delinquents and will have gone through a juvenile delinquency case. However, in some cases, minors are tried as adults, which will be discussed later. This article will briefly elaborate on the process that is set in motion when a child is arrested.
When the police have cause to arrest a child, they can do so and then follow through with several options. The options will vary based on the circumstances of the crime and discretion of the police officer. On the one hand, a child can be arrested and then allowed to go home. However, if the officer decides that the child should not go home, the child can be sent to an agency, the police station, or to a juvenile hall for detention. Furthermore, a Notice to Appear can also be provided, which would require a meeting with a probation officer.
If the child is brought back to the police station for further questioning or if the police officers want to speak with the child at any time, the child must be read their Miranda rights. These rights include the right to remain silent, the right to a lawyer, and that anything the child says can be used against them in court. Furthermore, while in detention the child has the right to make two phone calls. If the officers send the child anywhere but home, the officers have a duty to inform the parents on the whereabouts of the child.
Is juvenile delinquency a serious crime?
As mentioned above, some children can also be tried as adults. In order for this to happen the child must be at least 14 years old and have committed a serious crime. These crimes can refer to murder, rape, kidnapping, and others. If the child is tried as an adult, they will face time in an adult prison and not a juvenile one. Regardless of the crime, if a child has been arrested it is incredibly vital that the child has the counsel of an experienced criminal lawyer.